Rechtsnormen Journal of Law最新文献

{"title":"The role of China’s Investment in Shaping the Redevelopment of Afghanistan","authors":"Muhammad Al Amin, Mujibur Rahman Ahmadi, Haidan Angga Kusumah","doi":"10.55849/rjl.v2i1.497","DOIUrl":"https://doi.org/10.55849/rjl.v2i1.497","url":null,"abstract":"Background. The Afghanistan-China strategic relationship is multifaceted, characterized by economic convergences, security cooperation, and mutual diplomatic support. China's Belt and Road Initiative has played a significant role in deepening ties, especially through infrastructure development in Afghanistan. Purpose. In this paper authors tried to explore Afghanistan and China relations, how China plays an important role in the redevelopment of Afghanistan, discuss the prospects and challenges facing Chinese–Afghan relations, including from a regional perspective and also discussed how China fits into the vacuum left by the US withdrawal. Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Results. At the same time, a rather stable Afghanistan free from threats by militant and terrorist groups could provide opportunities for China and other regional states to contribute to its post-conflict economic reconstruction and development. Conclusion. At the period since the Taliban took over an Afghanistan emptied of its foreign presence, there has been much more speculation that China will step in to fill the geopolitical, security and economic vacuum left by the West’s withdrawal. China surely has direct interests in a stable, developed and well-governed Afghanistan, not least to prevent spillover and assets in the wider regions of Central and South Asia.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of the Fulfillment of the Rights of Female Prisoners in Class II b Sukabumi Correctional Institution","authors":"Agung Leo Sasongko","doi":"10.55849/rjl.v1i4.491","DOIUrl":"https://doi.org/10.55849/rjl.v1i4.491","url":null,"abstract":"Background.  Human rights are rights that must be fulfilled and realized by everyone without exception, including prisoners in correctional institutions who are serving a sentence. Prisoners in correctional institutions are part of society in general, as humans they have rights that must be upheld by the law and government.\u0000Purpose. Female prisoners are different from men in terms of physical, psychological and psychological. Female prisoners also have natural rights that must be lived such as menstruation, pregnancy, childbirth and breastfeeding. So that female prisoners must receive special treatment.\u0000Method. This type of research is a type of field research (field research) using an empirical juridical approach, namely a research that deductively starts from analyzing the articles in the applicable laws and regulations linked to the facts in the field. The nature of this research is descriptive analytical about the fulfillment of the rights of female prisoners in the Class IIB Correctional Institution Sukabumi. Results. The results of this study indicate that the implementation of services to fulfill the rights of female prisoners has not been carried out properly due to various obstacles such as the quality and quantity of correctional officers who have not been fulfilled proportionally\u0000Conclusion. as well as facilities and infrastructure that are still not good and limited so that the fulfillment of the rights of prisoners cannot be done optimally.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117312482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Regional Bawaslu as a Supervisor in the Prevention and Hndling of Election Administration Violations in the City of Sukabumi","authors":"Ana María","doi":"10.55849/rjl.v1i4.494","DOIUrl":"https://doi.org/10.55849/rjl.v1i4.494","url":null,"abstract":"Background.  General elections are held simultaneously, including the election of members of the House of Representatives, members of the Regional Representative Council, President and Vice President, and to elect members of the Regional People's Representative Council, where in each process towards general elections there are several stages that need to be carried out by election participants.\u0000Purpose. In the general election stages, there are often negligence committed by election participants, one of which is election administration violations, election administration violations are violations committed by election participants or election organizers during the election stages.\u0000Method. In this research, the author uses normative juridical research methods that are qualitative in nature.\u0000Results. Based on the findings made by the Sukabumi City Bawaslu, there were 19 findings of administrative violations in Sukabumi City committed by 2019 election participants, including 16 violations of campaign props and 3 violations of campaigns without notification letters to the police. From the findings by the Sukabumi City Bawaslu related to administrative violations, the Sukabumi City Bawaslu is authorized to receive, examine, review, decide reports from the public or findings by the Election Supervisor related to alleged election administration violations. From the alleged violation of election administration, the settlement uses a fast event in accordance with Article 40 of Perbawaslu No. 8 of 2022. From the many findings of alleged election administration violations, Bawaslu of Sukabumi City made several prevention efforts including appeals, Bawaslu of Sukabumi City delivered appeals to the community, election officials, and election officials.\u0000Conclusion. Socialization, namely the implementation of the initialization of election rules and regulations and coordination to the community, election participants, and local government agencies, as well as law enforcement agencies conducting cooperation with coordination with law enforcement agencies related to elections.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":" 92","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132189142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Application of Law Based on the Principle of Lex Spesialis Derogat Legi Lex Generalis in the Crime of Online Gambling (Decision Number 232/PID.B/2022/PN.CBD)","authors":"Mela Meiliawati","doi":"10.55849/rjl.v1i4.492","DOIUrl":"https://doi.org/10.55849/rjl.v1i4.492","url":null,"abstract":"Background. The existence of internet technology can make it easier for people to get information and facilitate communication, but the internet can also have a negative impact on society, one of which is a medium for finding information or sites that contain gambling. This can change the pattern of ordinary or conventional gambling to gambling with internet media or what is commonly called online gambling, so that it can be accessed anytime and by anyone.\u0000Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is \"How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?\".\u0000Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society.\u0000Results. The results in this study are that the public prosecutor's indictment has used a single charge by applying article 303 paragraph (1) 2 of the Criminal Code and the judge has decided in accordance with the public prosecutor's indictment.\u0000Conclusion. This can make law enforcers override the principle of lex spesialis derogate legi lex generalis, because they do not apply article 27 paragraph (2) of the Electronic Information and Transactions Law.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117266537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection Mechanishm for Victims of Traficking in Persons (TPPO) in Sukabumi City","authors":"Bella Agatha, Budiarsih Fernando R, W. Putri, Ujuh Juhana, R. Eriska, Ginalita Dwi Putri, Guilin Xie, Deng Jiao, Yuanyuan Wang","doi":"10.55849/rjl.v1i4.436","DOIUrl":"https://doi.org/10.55849/rjl.v1i4.436","url":null,"abstract":"Background.  Human trafficking is a contemporary version of slavery, ensuring the rights of victims to feel safe is crucial to create an efficient judicial process.\u0000Purpose. This research aims to identify the mechanisms of legal protection for TPPO victims in Sukabumi City and the supporting and inhibiting factors that influence them. The research methodology used is normative law with data sources including interviews, observations, and literature studies.\u0000Method. The data is processed using qualitative analysis, conducted at the Regional Technical Service Unit for Women and Children Protection.\u0000Results. The mechanisms of legal protection provided include the complaint process, victim outreach, case management, temporary shelter, and mediation. The supporting factors include collaboration among legal institutions.\u0000Conclusion. The inhibiting factors include limited budget and lack of Safe Houses (Shelters) or Trauma Centers.\u0000 ","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130227081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Maqashid Sharia Review Of Decisions Shar'iyah Idi Court In Divorce Cases","authors":"Lukmanul Hakim","doi":"10.55849/rjl.v1i3.460","DOIUrl":"https://doi.org/10.55849/rjl.v1i3.460","url":null,"abstract":"Background.  Divorce is a matter that is never finished to be studied and discussed. Even cases of divorce cases continue to increase. One of them is the divorce case.\u0000Purpose. Many divorce cases are contested due to the background between husband and wife not wanting to carry out their obligations, such as providing a living physically and spiritually, but when analyzed this is not the main thing that causes divorce but rather bad communication between husband and wife, in deciding a divorce case a judge are required to be thorough and observant in deciding on a divorce so that a legal basis and fair considerations are needed so that a positive decision is born for both parties.\u0000Method. In this study, the authors used qualitative legal research and normative legal research, namely what we know as library law research, namely legal articles conducted by researching based on materials sourced from the literature.\u0000Results. Research results: 1) The factor in the occurrence of divorce is due to not fulfilling a living, harming/endangering the wife, one party leaves the other party without permission and without a valid reason, one party gets a prison sentence of 5 years or more after the marriage takes place, Jidal or syiqaq (prolonged and unresolved quarrels), infidelity or one party commits adultery, one party commits violence/nusuz, apostasy or converts. 2) Every decision made by the Panel of Judges of the Syari'yah Idi Court remains based on legal aspects and Maqasid Syari'ah, both ahwal asyahksiyah cases in general and divorce cases in particular, as the purpose of law is to protect the rights of each individual both from the perspective of Life, religion, reason, property, lineage and honor.\u0000Conclusion. As an answer to the formulation of the problem and the results of the author's analysis, it can be concluded that: The factor in the occurrence of divorce is due to the absence of a living.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129128788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Arbitration in Agreement Dispute (Perspective of Law Number 30 Year 1999)","authors":"Rahmat Ihya, Abdul Qudus Salam, Muh Bangsu, Rohman Hakim, H. Hermawan","doi":"10.55849/rjl.v1i3.458","DOIUrl":"https://doi.org/10.55849/rjl.v1i3.458","url":null,"abstract":"Background.  In business relations between the parties in the development does not rule out the possibility of problems that require solutions.\u0000Purpose. This research aims to find out the process of resolving civil disputes through the Aribitrase court based on Law Number 30 of 1999\u0000Method. The method in this research uses a normative juridical approach, which means that a study is carried out based on laws and judicial decisions that have permanent legal force. In the collection of legal materials using two ways, namely literature research by reviewing the literature and opinions of legal experts related to research problems.\u0000Results. The results of the research can be concluded that the arbitration agreement cannot stand and cannot bind the parties if the arbitration agreement does not coincide with the main agreement, which will be handled by the arbitration agreement is regarding disputes arising from the main agreement, so a civil dispute can be submitted for resolution through the arbitration court if it meets the subjective and objective requirements in the Basic Agreement (JOC). the parties agree that if there is a civil dispute it will be resolved through arbitration.\u0000Conclusion. The Arbitration institution has a binding nature on the parties and is final in the sense that the parties cannot appeal to the general court after the Arbitration decision.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130804237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regional Goods Management in Supporting Activity Planning at the Regional Secretariat of Merangin District","authors":"Eryasi Daryati, Dedi Epriadi","doi":"10.55849/rjl.v1i3.446","DOIUrl":"https://doi.org/10.55849/rjl.v1i3.446","url":null,"abstract":"Background.  The existence of assets at this time gave birth to a paradox in terms of efforts to increase income (PAD). As a result, the great potential that lies ahead is not optimally explored. Instead they found any source of PAD results to be uncertain.\u0000Purpose. Assets should be very large areas that are better managed so as to produce optimal profits. It would be nice if the Regional Head from the Regent, Mayor, to the Governor when he is appointed immediately recognizes and understands the exact condition of the assets and then reports back to the community periodically.\u0000Method. In this study, researchers used a qualitative descriptive approach. Taking the location which is located in Merangin Regency, Jambi Province with a total sample of 18 people. In carrying out the research conducted using several data collection techniques including interviews, observation, questionnaires.\u0000Results. Problems related to the management of goods are also urgent but can still be handled ideally, including at the Secretariat General of the Merangin District Section. Based on the researchers' observations, there are several fundamental problems that have caused the management of goods to not operate effectively and can be used as indicators to support planning activities at the Regional Secretariat Section of Merangin Regency. Goods Management in Support of the General Plan of Activities in Merangin Regency Regional Assets and are still not optimal.\u0000Conclusion. Efforts made to overcome obstacles in the Management of Goods in support of activity planning in the Regional Secretariat Section are to improve the technical capabilities of existing personnel management goods, maximize the management of goods to and encourage the process of internal control mechanisms in the General Section to maximize the management of regional property in supporting activities planning.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123063800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of Commander Authorities to Punish subordinate in the Implementation of Disciplinary Legal Sanctions Against Soldiers Who Violate Discipline Regulations","authors":"Andrew Gerard Batara, R. Eko, Widy Astuty Sumanto, Busatto Marilia, Tostes Geraldo, Costa Rita","doi":"10.55849/rjl.v1i4.465","DOIUrl":"https://doi.org/10.55849/rjl.v1i4.465","url":null,"abstract":"Background. The application of legal sanctions for soldier discipline within the Indonesian Army is an attempt to minimize the existence of violations that occur among Indonesian Army soldiers. In this case, every commander has the authority to take disciplinary action against every subordinate who violates the law on soldier discipline and immediately reports it to the Ankum concerned. \u0000Purpose. This study aims to determine the function of Ankum's (Atasan yang berhak menghukum – commander with the right to punish) authority in the application of disciplinary sanctions for TNI soldiers. To find out the effectiveness of the application of disciplinary legal sanctions to prevent the recurrence of disciplinary law violations of TNI soldiers. \u0000Method. This study uses normative research methods, by collecting primary data in the form of interviews with Ankum. And secondary data in the form of laws, books, journals, and related scientific articles. \u0000Results. The results of this study, namely Ankum's authority in applying disciplinary sanctions to TNI soldiers by imposing penalties on TNI soldiers who commit disciplinary violations and the behavior of soldier disciplinary violations are influenced by 2 (two) kinds of factors, namely internal and external factors. Ankum must implement effective leadership. \u0000Conclusion. The application of legal sanctions for soldier discipline within the Indonesian Army is an attempt to minimize the existence of violations that occur among Indonesian Army Force. In this case, every commander has the authority to take disciplinary action against every subordinate who violates the law on soldier discipline and immediately reports it to the Ankum concerned..","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128554152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law Enforcement Problems Against Cyber Crime Performed Through Phishing Method","authors":"Yusep Ardian, Ujuh Juhana, Haidan Angga Kusumah","doi":"10.55849/rjl.v1i3.435","DOIUrl":"https://doi.org/10.55849/rjl.v1i3.435","url":null,"abstract":"Background. Technology can be said to be a \"double-edged sword\" because it is developing very rapidly, many people use it to make life easier, but behind that the speed of technology is used as a tool to commit crimes and create new problems in the form of cyber crime, namely phishing.\u0000Purpose. The purpose of this research is to find out how law enforcement against cybercrime cases committed through the phishing method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society.\u0000Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society.\u0000Results. The results showed that the Justice System has a major influence in the process of upholding law and justice starting from the Police level, the Prosecutor's Office to the Court Decision, besides that the ability of law enforcers to eradicate cybercrime is still limited in several ways such as, facilities and facilities, lack of expertise of law enforcement officials in handling cyber crackers, lack of police access to the latest information technology, and lack of public awareness and knowledge which will result in many obstacles.\u0000Conclusion. The point is that the legal framework in the field of technology must be able to keep up with the rapid advancement of technology, although there are already laws governing these crimes, they need to be updated to reflect the progress of increasingly modern times and the variety of cyber crimes that may occur in the future.","PeriodicalId":349644,"journal":{"name":"Rechtsnormen Journal of Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133686652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}